The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1887-06-04
OctagOnal Obstinacy.

Mr.. w. s. Calhoun took this edi-
tor to task last Saturday, claiming
two counts against us in one and
the same Indictment. First, he
said we had no authority for saying
that we understood that he propos-
ed to take measures to enforce his.
judgment against Mrs. Lane. Upon
that we offered to retract the state
ment and say he did not intend to
enforce the judgement, but would
compromise it; but, with the per-
verseness for which he is charac-
teristic, he declined to authorize us
to say any such thing. Mr.. Cal
houn's second grievance is, that
we published Judge Poche's rea-
sons for not taking part in the decis-
ion, but did not publish the long
syllabus giving the points decided
in his favor. We claim that we
published the whole thing in a
nutshell when we stated in SO many
words that the decision of the Su-
preme court confirmed his judg-
ment for about $4,000. As kind
of salve for his wounded feelings
in this case we devote half a col
umn to stating his objections to
what we thought was pure matter
of news, and also give the entire
syllabus of the decision as it ap-
peared in the city papers:
W. s. Calhoun VS.. M. M. A. Lane ct al.
On rehearing. The original opinion
and decree remains undisturbed.
Syllabus-A married woman can not be
heard to set up the defense that the debt
was her husbands in a suit upon the
it, in the previous suit, or withdraw it, in
consideration of the advantage she secur-
ed by the compromise.
The cases suggesting that married
woman ia not estopped from acttacking
her own judicial confession are based en-
tirely upon the supposition that such con-
fession may have been induced by marital
coercion.
Outside Of such cases she may under
exceptional circumstances, not existing
here, be permitted to attack transaction
that has received the sanction of her hus-
band only, upon proper averment and
proof OF error as to the matter transacted,
fraud, violence or duress, and perhaps of
her husbands Indebtedness.
This class of contracts are clearly dis
tinguishable from that in which equiv
Tents are exchanged. BY the very. nature
of the agreement the intention of the
parties is the avoidment of litigation, even
at the expense of what belongs to them.
A force equal to the authority of things
adjudged instead of that which has been
decided by final judgement from which
there can be no appeal, either because the
appeal did not lie, or because the term
fixed by law for appealing is elapsed; or
because it has been affirmed ON appeal.
If extraneous proof we're required IL
support of transaction entered into by a
married woman it could not be said 70
nave iUrce equai W tue autnotity Vi
things adiudged. 1t would be thereby
deprived of the character of an unopera-
tive judgement, and reducedito the rank
of conventional obligation.
To decide that a married woman may,
with the authorization of her husband on
ly, enter into transaction is to decide
that no extraneous proof is required to
entitle interested parties to judgement
for the enforcement of it upon the pro-
duction and proof of its execution.
Justice Poche took no part in this case.
and assigned his reason.